State v. Floyd

I disagree with the following conclusions of the majority responding to the first claim of error alleging that the defendant was denied a fair trial by the prosecutor’s misconduct in her summation of the evidence to the jury: (1) that while the *371prosecutor’s “voucher” of Sherry Gattison’s credibility was improper and may have been prejudicial in isolation, the defendant has not proved that it denied him the right to a fair trial; (2) that the prosecutor’s references to the fifth amendment presumption of innocence and the fifth amendment burden of proof beyond a reasonable doubt were not…